PRADIP ALIAS PAPPU Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Pradip though tried on the charges under Sections 302, 304-B and 306 of the Indian Penal Code, has been convicted only under Section, 306 of I. P. C. and sentenced to 7 years' R. I. with fine of Rs. 1,000/- by 2nd Additional Sessions Judge, Shajapur, vide judgment dated 5. 10. 1990 in Sessions Trial No. 115/ 1989 which is impugned in this appeal.

(2.) BRIEFLY stated the case of the prosecution as unfolded at the time was that deceased Shobha a married woman aged about 25 years was deserted by her husband. Some divorce proceedings were also going on between the two. While these proceedings were still pending, the deceased entered into an agreement with the accused (vide Ex. P/1), notarised by a Notary and started living with the accused as his wife at Agar on and after 24. 6. 1988. However, soon their relations became strained. It appears that the accused also deserted the deceased and left her with her parents at Indore. On 23. 1. 1989 the father of the deceased brought her back to the accused's house at Agar, and himself returned to Indore. On that day also, it is said, that there was some quarrel between the deceased and the accused. Later in the day it was found that the deceased was vomiting. Snehlata (P. W. 6) the aunt of the appellant called for the accused and asked him to take the deceased to hospital as her condition was deteriorating. However, she expired before being shifted to hospital. An intimation about the death of the deceased was given by the accused himself to Police, Agar, on the basis of which a Murg was registered and the inquest was held by the police under Section 174, Cr. P. C. The autopsy of the body of the deceased was got performed on 24. 1. 1989 at Civil Hospital, Agar. The post-mortem report (Ex. P/3) showed that the deceased had died of asphyxia. Her visceras were preserved and got chemically analysed which showed presence of "naphtha" in her viceras. The police registered an FIR (vide Ex. P/17) under Section 302 of I. P. C. on 26. 1. 1989 and proceeded with the investigation. The accused-appellant was arrested on 27. 1. 1989 and after other necessary investigation he was charge-sheeted for trial which ended into his conviction and sentence as aforesaid.

(3.) I have heard Mr. Asif Warsi, learned Counsel for appellant and Mr. Mayank Upadhyay, PP for State.